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Senske Rentals, et al. v. City of Grand Forks

Docket No. 20220222
Oral Argument: Tuesday, November 29, 2022 2:45 PM

Docket Info

Title
Senske Rentals, LLC, a North Dakota
Limited Liability Company, and
Sierra Investments, LLC, a North Dakota
Limited Liability Company, Petitioners and Appellants
v.
City of Grand Forks, a political
subdivision of the State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2021-CV-02258
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Oral Argument 11/29/2022

Parties' Statement of Issues

  • Appellant

    [1] Did the Special Assessment Commission fail to comply with the statutory requirements of Section 40-23-07, N.D.C.C. as the Commission did not determine what amount of benefit accrued to each parcel of land from the improvement it could not and did not provide any written or oral determination that the assessment against any parcel of land did not exceed the benefit which was determined to have accrued to that parcel?
    [2] Can the benefit conferred on the property being assessed in this instant action be greater than that realized by any other property in the city of Grand Forks after the installation of storm sewer infrastructure?

  • Appellee 1

    Whether the Special Assessment Commission’s decision was arbitrary, capricious, or unreasonable.

Summary

Senske Rentals, LLC, appeals from a district court’s judgment affirming the Special Assessment Commission’s determination of a project approved by the City of Grand Forks to install a storm water pond for proper drainage in order to pave roads in a city subdivision. Senske argues the Special Assessment Commission acted arbitrarily, capriciously, and unreasonably by failing to apply the special assessment statute in making its assessments. Senske also argues the Special Assessment Commission committed an unconstitutional taking by using an improper assessment method.

Briefs

Filing Date Description
09/26/2022 APPELLANT BRIEF View
10/12/2022 APPELLEE BRIEF View
10/27/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE DeWayne Alan Johnston - 05763
APPELLEE PRIVATE PRACTICE Corey J. Quinton - 05342
APPELLEE PRIVATE PRACTICE Jenna Renee Bergman - 08619

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 07/27/2022 NOTICE OF APPEAL : 07/27/2022
2 08/01/2022 Rec'd filing fee
3 08/01/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/01/2022 Notice served on DeWayne A. Johnston, Corey J. Quinton, & Jenna R. Bergman
5 08/22/2022 ELEC. RECORD ON APPEAL DATED AUGUST 19, 2022 (ENTRY NOS. 1-12, 14-39; 13 NOT SENT)
6 09/01/2022 MOT. EXT/TIME APPELLANT BRIEF
7 09/01/2022 ACTION BY CLERK - Granted : 09/26/2022
8 09/26/2022 APPELLANT BRIEF View
9 09/26/2022 Oral Argument Request by Appellant
10 10/06/2022 Rec'd correction to ATB (remove inappropriate addendum)
11 10/10/2022 Rec'd additional correction to ATB (remove inappropriate footnote)
12 10/12/2022 APPELLEE BRIEF View
13 10/12/2022 Oral Argument Request by Appellee
14 10/13/2022 Rec'd 3 copies of ATB from CSD
15 10/13/2022 Rec'd 3 copies of AEB from CSD
16 10/19/2022 NOTICE OF ORAL ARGUMENT SENT
17 10/27/2022 REPLY BRIEF View
18 11/01/2022 Rec'd 3 copies of RYB from CSD
19 11/29/2022 APPEARANCES: DeWayne A. Johnston & Jenna R. Bergman
20 11/29/2022 ARGUED: DeWayne A. Johnston & Jenna R. Bergman
21 11/29/2022 ORAL ARGUMENT WEBCAST